Does appellant have a right to object to the lack of notice in the absence of notice at the Court of Appeal concerning his own fees?
California, United States of America
The following excerpt is from The People v. Leon, No. B216979, No. BA348448 (Cal. App. 2010):
4. The People do not assert that appellant forfeited his right to challenge the lack of notice in this regard by failing to object below. We agree with appellant that the forfeiture doctrine does not apply in these circumstances. (People v. Viray, supra, 134 Cal.App.4th at p. 1215 ["We do not believe that an appellate forfeiture can properly be predicated on the failure of a trial attorney to challenge an order concerning his own fees"].)
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Can a defendant bring a notice of appeal to the Court of Appeal claiming that he failed to raise his constitutional claims in the trial court? (California, United States of America)
Does a denial of a motion for reconsideration by the appellate court of the Superior Court of Appeal affect the appealability of the denial of the motion to reconsideration? (California, United States of America)
When a factual determination is challenged by an appellate court on the grounds that there is no substantial evidence to sustain it, can the appellate court substitute its deductions for those of the trial court? (California, United States of America)
Is appellant's appeal notice of appeal against a signed order regarding attorney fees timely? (California, United States of America)
Does the Court of Appeal have to continue to hear an appeal from an appellant who, as a result of the July 19, 2016 order rendered this appeal moot? (California, United States of America)
Does the Court have the authority to require the federal government to pay an appellate filing fee to the Court of Appeal? (California, United States of America)
Does a defendant's failure to object to fees imposed pursuant to section 1203.1b waive the right to appeal on appeal? (California, United States of America)
Is an appeal moot when, through no fault of the appellant, an event occurs which makes it impossible for the reviewing court to provide any effective relief to the appellant even when ruling in the appellant's favor? (California, United States of America)
Does the Court of Appeal have found that Defendant Joiner did not waive his assumed constitutional right to be personally present at the remand hearing and that the court erred in conducting that hearing in his absence? (California, United States of America)
Does appellant's failure to object on the grounds of waiver on appeal to the Court of Appeal constitute waiver? (California, United States of America)
